Published by Authority

NO. 32]Friday, June 16 [2017

The following Act was passed by Parliament on 8 May 2017 and assented to by the President on 2 June 2017:—
Merchant Shipping (Wreck Removal) Act 2017

(No. 25 of 2017)

I assent.

2 June 2017.
Date of Commencement: 8 September 2017
An Act to give effect to the Nairobi International Convention on the Removal of Wrecks, 2007, to make provision generally for matters connected therewith and to make related amendments to the Merchant Shipping Act (Chapter 179 of the 1996 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act is the Merchant Shipping (Wreck Removal) Act 2017 and comes into operation on a date that the Minister appoints by notification in the Gazette.
2.  In this Act, unless the context otherwise requires —
“affected State” means the State in whose Convention area the wreck is located;
“Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act (Cap. 170A);
“Convention” means the Nairobi International Convention on the Removal of Wrecks, 2007, the text of which is set out in the First Schedule;
“Convention area” means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
“court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;
“damage” includes loss;
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act (Cap. 179) and includes the Deputy Director of Marine appointed under that section;
“gross tonnage”, in relation to a ship, means its gross tonnage calculated in accordance with the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969 and any amendment to it which has come into force and has been accepted by the Government, or any successor convention accepted by the Government;
“hazard” means any condition or threat that —
(a)poses a danger or impediment to navigation; or
(b)may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States;
“International Safety Management Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention 2002 adopted by the International Maritime Organization, and any amendment to it which has come into force and has been accepted by the Government;
“maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;
“master”, in relation to a ship, includes every person, except a pilot, having command or charge of the ship;
“operator”, in relation to a ship, means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code;
“owner”, in relation to a ship, means the owner, and includes the registered owner;
“port”, in relation to Singapore, has the same meaning as in the Maritime and Port Authority of Singapore Act;
“registered owner”, in relation to a ship, means —
(a)the person registered as the owner of the ship; or
(b)in the absence of registration, the person owning the ship,
except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
“related interests” means the interests of a coastal State directly affected or threatened by a wreck, such as —
(a)maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;
(b)tourist attractions and other economic interests of the area concerned;
(c)the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and
(d)offshore and underwater infrastructure;
“removal” means any form of prevention, mitigation or elimination of the hazard created by a wreck;
“ship” means a seagoing vessel of any type whatsoever, and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;
“Singapore ship” means a ship —
(a)that is registered, provisionally or otherwise, under Part II of the Merchant Shipping Act; and
(b)which registry is not closed or deemed to be closed or suspended under that Part;
“Singapore’s Convention area” means the exclusive economic zone of Singapore;
“State Party” means a State in respect of which the Convention is in force;
“wreck”, following upon a maritime casualty, means —
(a)a sunken or stranded ship;
(b)any part of a sunken or stranded ship, including any object that is or has been on board such a ship;
(c)any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or
(d)a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.
3.  Nothing in this Act applies in relation to any wreck following upon a maritime casualty occurring before the date of commencement of this Act.